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Criminal Investigations (Bodily Samples) Act 1995

Obtaining bodily samples from suspects - Form and content of compulsion order

24: Form and content of compulsion order

You could also call this:

"What to Expect from a Compulsion Order to Give a Bodily Sample"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You will get a compulsion order if you are a suspect. The order must be in a special form. It will tell you when and where to give a bodily sample. You can ask for a lawyer or another person to be with you. If you are under 18, a parent or caregiver can be with you. The order will explain how the sample is taken and what happens to it. The Police will keep the sample and any information from it. If you are found guilty, the information will be kept on a DNA database. The order will also tell you about your rights and what you can do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369211.

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23: Judge may authorise bodily sample to be taken, or

"A Judge can order a young person to give a bodily sample to help solve a crime"

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24A: Conditions included in compulsion order, or

"Rules for taking bodily samples when you have a compulsion order"

Part 2Obtaining bodily samples from suspects
Form and content of compulsion order

24Form and content of compulsion order

  1. Every suspect compulsion order and every juvenile compulsion order shall be in the prescribed form.

  2. Every suspect compulsion order and every juvenile compulsion order is subject to—

  3. conditions included in the order by the Judge under section 24A; and
    1. special conditions (if any) included in the order by the Judge.

      1. Repealed

      2. Every suspect compulsion order and every juvenile compulsion order shall contain the following particulars:

      3. subject to any conditions specified in the order, the date on which, and the place where, the suspect is to attend to give a bodily sample:
        1. a summary of the provisions of sections 48, 49, and 49A relating to the procedure for the taking of the sample and a statement that in certain circumstances a Judge may specify the method by which a bodily sample is to be taken:
          1. a statement that the suspect may request that the sample be taken in the presence of a lawyer, or another person, of the suspect’s own choice:
            1. in the case of a juvenile compulsion order as well as the other particulars referred to in this subsection, a statement that a bodily sample may be taken in the presence of a parent or other person having the care of the suspect:
              1. a summary of the provisions of sections 55, 56, 56A, and 59 relating to the procedures for the analysis of that sample and the disclosure of the results of the analysis:
                1. conditions included by the Judge under subsection (2):
                  1. a statement that if the suspect refuses to allow a bodily sample to be taken, a sample may be taken by force under section 54(2) and, if applicable, section 54(3):
                    1. a statement that the sample, and any information derived from any analysis of the sample, will be held by or on behalf of the Police:
                      1. a statement that if the suspect is convicted of the offence in respect of which the order is made, or a related offence that is an imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1, information derived from any analysis of the sample will be held on a DNA profile databank:
                        1. a reference to the provisions of section 60 relating to the destruction of the sample and of any information derived from any analysis of the sample:
                          1. such other particulars as may be prescribed.

                            Notes
                            • Section 24(2): substituted, on , by section 17(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                            • Section 24(3): repealed, on , by section 17(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                            • Section 24(4)(a): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                            • Section 24(4)(b): substituted, on , by section 17(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                            • Section 24(4)(c): substituted, on , by section 17(3) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                            • Section 24(4)(ca): inserted, on , by section 17(3) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                            • Section 24(4)(d): amended, on , by section 17(4) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                            • Section 24(4)(e): substituted, on , by section 17(5) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                            • Section 24(4)(f): substituted, on , by section 17(6) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                            • Section 24(4)(h): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                            • Section 24(4)(h): amended, on , by section 42 of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).